Under section 2 of the Financial Emergency Measures in the Public Interest Act 2009 a person is liable to pay the pension related deduction if he or she is a public servant on or after 1 March 2009 and is a member of a public service pension scheme, is entitled to a benefit under such a scheme or receives a payment in lieu of membership of such a scheme.
Where a public servant, including a public servant in the education sector, although absent from employment through ill-health, is in receipt of remuneration, (as distinct from a disability pension), and accruing pensionable service for the period involved, that person is liable to pay the pension related deduction in respect of the remuneration s/he receives. In contrast a retired public service employee in receipt of a pubic service pension does not pay the pension related deduction in respect of that pension.